F-2004-01956 Appeal

Velrltlgil - FOIA Appeal re CIA-maintained McCarthy Records and Corso Records 6/5/()6 4;45 PM
* Approved for Release: 2022/08/29 C01333876. 1
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Subject FOIA Appeal re CIA-rmintained McCarthy Records and Corso Records
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TO: Chairman
CIA Records-Release Panel
C/O Scott Koch, lnfomration and Privacy Coordinator
U. S. Central Intelligence Agency
Washington, DC 20505
FROM: @ W. Bryant
DATE: June 5, 2006
Your FOIA coordinator Koch's letters to me of May 3 t, 2006, and May
26, 2006, have made it even clearer to me why your agency has
received the George Washington University-based National Security
Archive's Rosemary Award (for your demonstrated disdain for the U. S.
Freedom of Information Act's inherent support of the publio's
right-to-know).
Accordingly, in order to help counter that disdain and to advance the
public's interest/benefit in knowing the darker side of your agency's
policies/programs/practices, I hereby appeal Mr. Koch's actions taken
via the above-cited letters, while also sewing notice that your
denial of my appeal will heighten my resolve to seek judicial remedy
therefor. My prevailing in that lawsuit would require your agency to
reimburse me my attorney's fees.
First of all, your final response (May 31, 2006) to my Aug. 8, 2004,
request No. F-2004-01956, re former U. S. Army captain John Joseph
McCarthy, .Ir., errs in denying my status as an independent writer
entitled to full waiver of records-search fees. What's more, had
your records searcher conducted a search of all records pertaining to
the CIA-managed, clandestine, Vietnam-era operation called PROJECT
CHERRY, he would've discovered that McCarthy had been assigned to
that project For background infomration on that assignment, please
peruse McCarthy's current-events-blog website
Irttp://johnmccarthy90066.tripod/idLhtml . As McCarthy's blog
documents, his (Army-CIA-compelled) role in PROJECT CHERRY led to his
becoming the fall-guy for your agency's ill-conceived and illicit
application of CHERRY actions/assets against the Cambodian
govemment. Such official malfeasance by ANY U. S. agency during
wartime would by definition have permanent value to the public's
understanding and evaluation of that agency's conduct past, present,
and future.
My expected lawsuit, therefore, would seek your agency's production
of a Vaughn index to detemrine why Mr. Koch has chosen not to search
all CHERRY-related records pertaining to McCarthy's case. That
request for a Vaughn index also would seek a copy of the entire FOIA
case files on all other McCarthy-related FOIA requests processed to
date by your agency. The lawsuit also would request that the court
conduct an in-camera inspection of all CHERRY-related records
pertaining to McCarthy.
Since Mr. McCarthy's web log (a.k.a. “blog") qualifies as a news (and
information) medium widely available to military-affairs researchers,
political analysts, scholars, cultural activists, congressmen,
historians, and jurists worldwide, it enhances my ability to share my
writings and research finding on such national~security matters as
the McCarthy Saga. His story, incidentally, figures in my current
First Amendment lawsuit of Bryant v. Rumsfeld, et aI., whereby I'm
challenging certain military commanders’ censorship of a series of
whistleblower-solicitation advertisements I've sent -- as an
independent writer-researcher -- for publication in various postlbase
newspapers. In this regard, the U. S. District Conn for the ,
District of Columbia has acknowledged my status as an independent
writer entitled to have his first Amendment claims of
freedom-of-speech/freedom-of-press properly adjudicated.
In the second matter at issue here (my May 4, 2006, FOIA request No.
F-2006~0l045, by which I seek a copy of all CIA-generated and V I
CIA~received records pertaining to the late Army Lt. Col. (Ret.)
Philip James Corso and his associations, activities, congressional
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